Ochrona patentowa produktów leczniczych – polska perspektywa
Pharmaceuticals patent protection – the Polish perspective

Summary/Abstract: The paper presents complicated issues connected with pharmaceuticals patents, particularly from the Polish perspective. All aspects are discussed from the international standpoint, especially pursuant to the right of healthcare. In the beginning, the patent system has been described from the broader view what creates easy and precise possibility to understand difficult mechanisms of the patent system. Then, some material issues bound directly with the patentability and the patent-eligibility, in particular according to the novelty and patenting a new use of an invention, were presented in the light of so-called “Swiss- -type claims”. The Bolar exception (a law permitting use of patented products in experiments for the purpose of obtaining an approval of introducing a drug into a market) was described to discuss every complicated matters connected with the Polish pharmaceutical market where generic competitors play a key role. In the end, the Supplementary Protection Certificate regulation as a tool of supplying a real-exercising short patent protection when we count it after introducing a drug into the market was described. In conclusions, some closing remarks were suggested on specific and different patent protection for pharmaceuticals inventions from the protection granted to any other invention, particularly from the Polish perspective.

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